Allowed

Sukhwinder Singh v. State of Punjab and Another

Punjab & Haryana HC18 Aug 2022CRM-M/18842/2022

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana, in a criminal miscellaneous petition, exercised its inherent jurisdiction to quash FIR No. 43 and consequential proceedings under Section 420 IPC against the petitioner. The quashing was granted despite the non-compoundable nature of the offence, considering the parties' voluntary compromise, judicial magistrates' report, and the prospective benefit of restoring

What did the court decide?

FIR No. 43 dated 12.05.2017 registered under Sections 420 IPC and all subsequent proceedings are quashed, alone qua the petitioner.

Sukhwinder Singh Vs State of Punjab and Another — Cheque Dishonour | Punjab & Haryana HC (2022)

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CRM-M-18842-2022

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-18842-2022

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Date of Decision: 18.08.2022

Sukhwinder Singh

.... Petitioner

Versus

State of Punjab and another

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

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Present: - Mr. Sarabjit Singh, Advocate for the petitioner. Mr. M.S. Nagra, Assistant Advocate General, Punjab. Mr. G.S. Thind, Advocate for respondent No. 2.

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ASHOK KUMAR VERMA, J. (ORAL)

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The petitioner has filed the present petition under Section 482 Cr.P.C., for quashing FIR No. 43 dated 12.05.2017 (Annexure P-1), registered under Sections 420 IPC at Police Station Tarsika, District Amritsar and all the consequential proceedings arising therefrom, on the basis of compromise and affidavit dated 17.03.2022 (Annexure P-2 and P-3, respectively).

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Pursuant to the order dated 05.05.2022 passed by the Coordinate Bench of this Court, the parties appeared before the learned Judicial Magistrate Ist Class, Baba Bakala Sahib, to get their statements recorded. Learned Judicial Magistrate Ist Class, Baba Bakala Sahib, submitted his report along with copies of statements of the parties vide

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RISHU KATARIA 2022.08.18 19:29 I attest to the accuracy and authenticity of this document

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CRM-M-18842-2022 -2-

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letter No. 199 dated 08.07.2022 duly forwarded by learned District and Sessions Judge, Amritsar, vide Endst. No. 7474-R dated 13.07.2022.

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I have heard learned Counsel for the petitioners, learned State Counsel and learned Counsel for respondent No. 2 and gone through the relevant record.

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It is now well settled that the High Court has inherent power to quash the criminal proceedings in non-compoundable cases on the basis of settlement between the parties for securing the ends of justice or to prevent abuse of the process where the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case. Criminal cases having overwhelmingly and predominantly civil character particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute can be quashed when the parties have resolved their entire dispute among themselves. However, such power cannot be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. which are not private in nature and have a serious impact on society. Similarly, prosecution for offences alleged to have been committed under special enactments like the Prevention of Corruption Act or the offences committed by public servant while working in that capacity cannot be quashed on the basis of compromise between the victim and the offender. For judicial precedents in this regard, reference may be made to Narinder Singh Vs. State of Punjab (Supreme Court) :

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RISHU KATARIA 2022.08.18 19:29 I attest to the accuracy and authenticity of this document

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CRM-M-18842-2022

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2014 (2) RCR (Criminal) 482, State of Madhya Pradesh Vs. Laxmi Narayan and others (Supreme Court) : 2019 (2) RCR (Criminal) 255 and Kulwinder Singh and others Vs. State of Punjab and others (Punjab and Haryana High Court) : 2007 (3) RCR (Criminal) 1052.

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According to the report, learned Judicial Magistrate Ist Class, Baba Bakala Sahib, is satisfied that the compromise entered into in between the parties voluntarily, out of their fee will and without any pressure or coercion and the same appears to the genuine one.

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Considering the report of learned Judicial Magistrate Ist Class, Baba Bakala Sahib dated 08.07.2022 and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No. 43 dated 12.05.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, are quashed, qua the petitioner only.

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Disposed of, accordingly

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August 18, 2022 (ASHOK KUMAR VERMA) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2022.08.18 19:29 I attest to the accuracy and authenticity of this document

Sukhwinder Singh v. State of Punjab and Another

Case brief

What is this about?

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Sukhwinder Singh v. State of Punjab and Another

Case brief

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